A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

At around 22:50 on February 17, 2012, the Defendant driven a C-wing truck with a blood alcohol level of 0.176% under the influence of alcohol level, without obtaining a driver’s license, from the front side of a public restaurant in the Bocheon-gun, Seocheon-gun, Seocheon-gu, Seocheon-do, Seocheon-do to the ground located in the same side of the 1.5km section to the opening of the road.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. A report on detection of a host driver;

1. Investigation report (the circumstantial report of an immigration driver);

1. A criminal investigation report (general);

1. Inquiry into the enemy;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The Defendant had been sentenced to imprisonment with prison labor or a heavier punishment for the crime of violating the Road Traffic Act, on six occasions, even though he had already been sentenced to imprisonment with prison labor or a heavier punishment for the crime of unlicensed driving and drunk driving, and in particular, the Defendant was sentenced to the imprisonment with prison labor for the violation of the Road Traffic Act in the Daejeon District Court on December 7, 2010 and the violation of the Road Traffic Act on December 15, 2010, and was sentenced to the suspension of the execution for six months on December 15, 2010, without being aware of the fact that the above judgment became final and conclusive on December 15, 2010, and even during the suspension of the execution period, the Defendant should be sentenced to imprisonment with prison labor. In addition, taking into account the following circumstances, the Defendant’s age, character and conduct of the Defendant, family relationship of the Defendant, attitude of investigation and trial, etc., the Defendant’s punishment against the Defendant shall be determined by comprehensively taking into account all the records and arguments of the instant sentencing.